An executive order from Texas Governor Greg Abbott, which took effect on November 1, mandates that public hospitals inquire about patients’ immigration status. The order has gained significant attention following a viral social media post from a local cardiologist.
The order, which applies to hospitals receiving public funding, requires them to ask patients whether they are legally present in the U.S. and report these numbers, along with the cost of care, to the state. However, concerns have emerged about whether this will discourage individuals from seeking medical care in the first place.
Seth Chandler, a law professor at the University of Houston, clarified that the executive order, known as GA-46, does not compel patients to answer questions regarding their immigration status.
“The order, by its terms, does not require anyone to answer it,” Chandler explained. “It does not mandate an answer to the question of whether a person is unlawfully present, so individuals have the option to decline to respond.”
While the order explicitly states that no one, regardless of immigration status, can be denied medical care, critics argue that it may still deter people from seeking treatment due to fears about how their information will be used.
Krystal Gomez, an attorney with the Texas Immigration Law Council, expressed concerns that the order might intimidate undocumented immigrants from seeking care. “It’s in everyone’s best interest for people to get medical help when they need it, as delaying care leads to more expensive emergency treatment later,” she said. “However, people are now wary about answering these questions and unsure about how their data might be used, especially with a new administration coming in.”
Despite the controversy, the order has not faced significant legal challenges, as its language has been written to avoid such opposition. However, Chandler noted that if the state finds the data insufficient, it could lead to stricter measures that might provoke legal challenges.
“If a tougher order is introduced, we might start seeing legal pushback,” Chandler said.
ABC13 reached out to Governor Abbott’s office for further comment, but was directed to his social media post where he urged hospitals to comply with the new directive.
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